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Federal judge blocks H1B visa $100K fee

alaskasnewssource.com

331–340 of 375 posts

Re: Federal judge blocks H1B visa $100K fee

#331

For those not reading the linked article, it was not about tech (although valid discussions here). I had not expected this (this is about rural Alaska): > “In some rural districts, visa teachers make up 50% to nearly 80% of the teaching staff. School districts already invest $6,000 to $12,000 per teacher to recruit and sponsor educators through the H-1B visa process. Adding a $100,000 federal visa fee has made it fin…

Reminds me of the plot from North Exposure.

*Northern Exposure

Re: Federal judge blocks H1B visa $100K fee

#332
post #330

Earlier quoted context omitted.

> China has already mostly made emigration illegal Genuinely news to me. Do you have any sources?

Depends what you mean. Communism loves bureaucracy and so there are 10 different system "totally not cooperating" to prevent leaving. In China you need permission to leave the country (or even your town), and so there is no law change. The big bureaucracies are referred to as "Hokou" (within China) and "Exit-entry administration" for international. So no direct announcement, everything is under direct control of Xi.…

Yeah sorry no that's not the same thing as "made emigration illegal". When you say that I think of Soviet Russia with its exit visas that people hardly ever got.

Re: Federal judge blocks H1B visa $100K fee

#333
post #77

Earlier quoted context omitted.

First, I think the H1B does need genuine reform to keep the big companies from gaming the lottery system. Having said that, I’m not sure banning H1Bs or immigrants in general is going to help American workers. Take tech for instance. Many tech leaders are immigrants. If they hasn’t taken in the Jensen Huang’s, Sergei Brin’s, Sundar Pichai, etc… the companies they lead and jobs they created would be elsewhere. It’s am…

[flagged]

> They raise the cost of housing

Oh! how dare they! How can they even think of finding a place to live

Re: Federal judge blocks H1B visa $100K fee

#334

Earlier quoted context omitted.

My sister was a schoolteacher in Alaska. They pay a premium, but it’s still not a life that most Americans are cut out for, including me. That means the schools have to choose between giving these kids subpar teachers who are happy to live up there, or miserable teachers who are only doing it for the money. Or, we can hire foreign teachers who are qualified AND are happy to teach up there.

the schools have to choose between giving these kids subpar teachers who are happy to live up there, or miserable teachers who are only doing it for the money. 1) Why is that the dichotomy? 2) Do you say the same thing about well-paid oilfield workers living in RVs, away from their families and social networks? 3) Do you think the foreign workers are happy to be in Alaska for the sake of the Alaskan experience? For s…

1) because there aren’t enough teachers in-state + coming out of the lower 48 to meet demand.

2) Pay alone can’t make people happy, which is why there’s a very high alcoholism/suicide rate among oil workers, despite it typically being a more temporary gig than teaching and paying considerably more. I also hold teachers to a different standard for on-the-job demeanor than oil workers.

3) Per my brother in law, they’re happy to be in Alaska for the American experience.

4) Foreign teachers in Alaska aren’t suppressing wages. That would be true for free market jobs where schools can simply decide not to teach students if it’s not profitable, but teaching isn’t like that.

Re: Federal judge blocks H1B visa $100K fee

#335
The gnashing of teeth and “you couldn’t pay me enough to live there” comments are EXACTLY why I like living up here.

Good. I’m totally fine with whiners self-selecting out of the state.

Also? I’ve worked in rural Alaska. It’s not nearly so bad as the people on here would say.

Re: Federal judge blocks H1B visa $100K fee

#336

The gnashing of teeth and “you couldn’t pay me enough to live there” comments are EXACTLY why I like living up here. Good. I’m totally fine with whiners self-selecting out of the state. Also? I’ve worked in rural Alaska. It’s not nearly so bad as the people on here would say.

Worth mentioning that I’m also for no real restrictions on immigration either. Bring on the H1Bs up here, we could use the help.

Re: Federal judge blocks H1B visa $100K fee

#337
post #246

Earlier quoted context omitted.

> there was no qualified American applicants I have been hiring for 20 years and find this increasingly impossible to believe. Please expand why that would be the case.

He posted on another comment. They were offering way under market. Shocking, really.

150k-200k base offered to a fresh grad for some python and low-level, data intensive work. Really shocking.

Re: Federal judge blocks H1B visa $100K fee

#338

Earlier quoted context omitted.

Not refuting your point but... Most people who work in tech are not eligible for O1 or EB-1. F1 is a student visa, J1 requires you to go back after finishing your stuff. L1 can actually work but needs to be converted to either H1b, O1 or EB1 at some point soonish.

Plenty of people in tech work on O1 and EB1. F1 is probably the biggest feeder pool for H1. J1 does not always require coming back, it requires return only when funded by US government program, and return requirement can otherwise can be waived, esp if J1 is unfinished

> it requires return only when funded by US government program

Not true, I had J1 visas without US government program intervention and I still had the home requirement. Since there wasn't any US government intervention I was able to get a waiver for the home requirement, but it took a couple of months.

Re: Federal judge blocks H1B visa $100K fee

#339

I’m going to call this one as likely to be overturned on appeal. The Immigration and Naturalization Act provides: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigran…

I'm in agreement with your position but I'm confused by the SCOTUS criteria for distinguishing taxes and fees. I follow the reasoning that you receive a tangible benefit as an individual for payment of a fee. That much makes sense to me. However what puzzles me is "By contrast, ‘taxes’ are expected to ‘inure[] to the benefit’ of the wider public." Do not fees also benefit the wider public to the extent that they fund…

Very sharp reading. My quotation presents the two definitions as freestanding. But as you observe, the definition of “tax” isn’t freestanding. There’s additional context, which comes from the fact that this issue only comes up when you’ve got a payment that purports to be for some government benefit. If the government imposes a payment on you in return for nothing then that’s clearly a tax. So, for example, the ACA penalty on uninsured people was a tax.

By contrast, if the government is purporting to charge you a fee in return for some benefit, that can still be a tax when the benefit that you’re getting really is a benefit to the public at large. So you’re comparing the benefit of what you’re supposedly paying for to the benefit to the public at large for operating the government. An example would be the case that alleged that PACER fees for operating the electronic court filing system were impermissible taxes. There, what you’re paying for is putatively access to a specific document. But the cost is ($0.10 per page) is way out of line with how electronic access to documents is normally valued. What you’re really paying for is the existence of the electronic filing system itself, which is something that inures to the benefit of the public at large.

Re: Federal judge blocks H1B visa $100K fee

#340
post #77

Earlier quoted context omitted.

[flagged]

“It was built by Americans and regardless would have continued to be built by Americans.” The xenophobic ignorance of this sentence is breathtaking. America, of all places, is a nation built precisely by immigrants.

[flagged]
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